An employee on maternity leave, and who subsequently went on unpaid leave, was diagnosed with leukaemia. In accordance with the collective agreement, she notified her employer of her intent to terminate her unpaid leave. The employer refused to grant the request on the grounds that the employee was unable to fulfil her job duties and that the application was filed solely with the intent of qualifying for disability insurance benefits.

Recently, Arbitrator Claude Lauzon rendered a decision dealing with the issue of the right of the employer to prohibit several letter carriers from wearing jeans in the workplace.In this matter, the employer had imposed a one-day suspension on certain letter carriers on the ground that they wore jeans for approximately ten days during their rounds delivering mail.

The complainant was a full time nurse working at Mount SinaiHospital (hereinafter the « Employer ») for eight (8) years. On August 5, 2009, the Director of Nursing Care announced that she wanted the employee to undergo a medical examination the next day to assess her memory and capacity to carry out her job duties in a satisfactory manner. This request was prompted by three incidents of forgetfulness over more than three years. The Director also raised the possibility that the complainant might be suffering from Alzheimer’s.